III 

109TH CONGRESS 

1ST SESSION S. RES. 322 

Expressing the sense of the Senate on the trial, sentencing, and imprisonment 

of Mikhail Khodorkovsky and Platon Lebedev. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2005 

Mr. BIDEN (for himself, Mr. MCCAIN, and Mr. OBAMA) submitted the 

following resolution; which was considered and agreed to 

RESOLUTION 

Expressing the sense of the Senate on the trial, sentencing, 

and imprisonment of Mikhail Khodorkovsky and Platon 

Lebedev. 

Whereas the United States supports the development of democracy, civil society, and the rule of law in the Russian 

Federation; 

Whereas the rule of law and the guarantee of equal justice 

under the law are fundamental attributes of democratic 

societies; 

Whereas the trial, sentencing, and imprisonment of Mikhail 

Khodorkovsky and Platon Lebedev have raised troubling 

questions about the impartiality and integrity of the judicial system in Russia; 
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•SRES 322 ATS

Whereas the Department of State 2004 Country Report on 

Human Rights Practices in Russia stated that the arrest 

of Mr. Khodorkovsky was ‘‘widely believed to have been 

prompted, at least in part, by the considerable financial 

support he provided to opposition groups;’’ 

Whereas Secretary of State Condoleezza Rice has remarked 

that the arrest of Mr. Khodorkovsky and the dismantling 

of his company have ‘‘raised significant concerns’’ about 

the independence of the judiciary in Russia; 

Whereas the independent non-governmental organization 

Freedom House has asserted that the conviction of Mr. 

Khodorkovsky ‘‘underscores the serious erosion of the 

rule of law and growing intolerance for political dissent 

in Russia’’; 

Whereas upon concluding an investigation of the facts surrounding the case of Mr. Khodorkovsky and Mr. Lebedev, 

the Human Rights Committee of the Parliamentary Assembly of the Council of Europe determined that the two 

men were ‘‘arbitrarily singled out’’ by the Russia authorities, violating the principle of equality before the law; 

Whereas in May 2005, a Moscow court sentenced Mr. 

Khodorkovsky to serve 9 years in prison; 

Whereas Article 73 of the Russian Criminal Penitentiary 

Code stipulates that except under extraordinary circumstances, prisoners serve their terms of deprivation of 

liberty on the territory of subjects of the Russian Federation where they reside or were convicted; 

Whereas on or about October 16, 2005, Mr. Khodorkovsky 

was sent to prison camp YG 14/10 in the Chita Region 

of Siberia; 
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•SRES 322 ATS

Whereas on or about October 16, 2005, Mr. Lebedev was 

sent to penal camp number 98/3 in the arctic region of 

Yamal-Nenets; 

Whereas the transfer of Mr. Khodorkovsky and Mr. Lebedev 

constitutes an apparent violation of Russia law and 

hearkens back to the worst practices and excesses of the 

Soviet era; 

Whereas a broad coalition of human rights advocates and intellectuals in Russia have appealed to Vladimir Lukin, 

the Human Rights Commissioner of the Russian Federation, to investigate and rectify any abuse of Russia law 

associated with the transfer of Mr. Khodorkovsky and 

Mr. Lebedev; and 

Whereas the selective disregard for the rule of law by officials 

of the Russian Federation further undermines the standing and status of the Russian Federation among the 

democratic nations of the world: Now, therefore, be it 

1 Resolved, That it is the sense of the Senate that— 

2 (1) the criminal justice system in Russia has 

3 not accorded Mikhail Khodorkovsky and Platon 

4 Lebedev fair, transparent, and impartial treatment 

5 under the laws of the Russian Federation; 

6 (2) the standing and status of the Russian Fed7 eration among the democratic nations of the world 

8 would be greatly enhanced if the authorities of the 

9 Russian Federation were to take the necessary ac10 tions to dispel widespread concerns that— 
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•SRES 322 ATS

1 (A) the criminal cases against Mr. 

2 Khodorkovsky, Mr. Lebedev, and their associ3 ates are politically motivated; 

4 (B) the transfer of Mr. Khodorkovsky and 

5 Mr. Lebedev to prison camps thousands of kilo6 meters from their homes and families rep7 resents a violation of the norms and practices 

8 of Russia law; and 

9 (C) in cases dealing with perceived political 

10 threats to the authorities, the judiciary of Rus11 sia is an instrument of the Kremlin and such 

12 judiciary is not truly independent; and 

13 (3) notwithstanding any other disposition of the 

14 cases of Mr. Khodorkovsky and Mr. Lebedev, and 

15 without prejudice to further disposition of same, Mr. 

16 Khodorkovsky and Mr. Lebedev should be trans17 ferred to penal facilities with locations that are con18 sonant with the norms and general practices of Rus19 sia law. 

Æ